101.02 Powers, duties and jurisdiction of department.

888 words·~4 min read·/wi/chapter-101/101-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this subsection:

1. “Credential” has the meaning given in s. 440.01

(a).

2. “Occupational license” means a license, permit, certificate, registration, or other approval for an occupation, trade, or profession issued by the department under this chapter, under ch. 145 , under rules promulgated under this chapter or ch. 145 , or under s. 167.10

(6m).

(b)The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings, subject to par.

(c).

(c)If the department promulgates rules under s. 440.03

(1)defining uniform procedures to be used by the department for receiving, filing, and investigating complaints against holders of credentials, for commencing disciplinary proceedings against holders of credentials, and for conducting hearings on matters relating to credentials, the department’s rules under par.

(b)with respect to occupational licenses shall conform with the rules promulgated under s. 440.03

(1).

(1m)Notwithstanding sub.

(b), the department may not promulgate or enforce a rule related to fire safety that prohibits the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church.

(1r)Notwithstanding sub.

(b), the department may not promulgate or enforce a rule establishing building codes that prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to 42 USC 7671k , provided that any equipment containing the refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to the designation of the refrigerant as acceptable for use.

(2)The department may sue and be sued.

(3)The department shall employ, promote and remove deputies, clerks and other assistants as needed, to fix their compensation, and to assign to them their duties; and shall appoint advisers who shall, without compensation except reimbursement for actual and necessary expenses, assist the department in the execution of its duties.

(4)The department shall collect, collate and publish statistical and other information relating to the work under its jurisdiction and shall make public reports in its judgment necessary.

(a)The department shall conduct such investigations, hold such public meetings and attend or be represented at such meetings, conferences and conventions inside or outside of the state as may, in its judgment, tend to better the execution of its functions.

(b)For the purpose of making any investigation with regard to any employment or place of employment or public building, the secretary may appoint, by an order in writing, any deputy who is a citizen of the state, or any other competent person as an agent whose duties shall be prescribed in such order.

(c)In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in this subchapter to the department, the same powers as a supplemental court commissioner with regard to the taking of depositions and all powers granted by law to a supplemental court commissioner relative to depositions.

(d)The department may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the department shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only and shall not preclude the taking of further testimony if the department so orders nor preclude further investigation.

(e)The secretary may direct any deputy who is a citizen to act as special prosecutor in any action, proceeding, investigation, hearing or trial relating to the matters within its jurisdiction.

(f)Upon the request of the department, the department of justice or district attorney of the county in which any investigation, hearing or trial had under this subchapter is pending, shall aid the department in the investigation, hearing or trial and, under the supervision of the department, prosecute all necessary actions or proceedings for the enforcement and punishment of violations of this subchapter and all other laws of this state relating to the protection of life, health, safety and welfare.

(a)All orders of the department in conformity with law shall be in force, and shall be prima facie lawful; and all such orders shall be valid and in force, and prima facie reasonable and lawful until they are found otherwise upon judicial review thereof pursuant to ch. 227 or until altered or revoked by the department.

(b)All general orders shall take effect as provided in s. 227.22 . Special orders shall take effect as therein directed.

(c)The department shall, upon application of any employer or owner, grant such time as may be reasonably necessary for compliance with any order.

(d)Any person may petition the department for an extension of time, which the department shall grant if it finds such an extension of time necessary.

(e)Any employer or other person interested either because of ownership in or occupation of any property affected by any such order, or otherwise, may petition for a hearing on the reasonableness of any order of the department in the manner provided in this subchapter.